HomeMy WebLinkAboutAgreement A-18-696-1 with Promesa Behavioral Health Inc..pdfAgreement No . 18-696-1
1 AMENDMENT I TO AGREEMENT
2 THIS AMENDMENT is made and entered into this _4th_ day of _June_, 2019, by and
3 between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter
4 referred to as "COUNTY", and PROMESA BEHAVIORAL HEALTH , and whose remit to address is
5 7120 N. Marks Avenue , Suite 110 , Fresno , CA 93711 , hereinafter referred to as "CONTRACTOR "
6 (collectively the "parties").
7 WHEREAS, the parties entered into that certain Agreement , identified as COUNTY Agreement
8 No . 18-696, dated December 11,2018 hereinafter referred to as the Agreement ; and
9 WHEREAS the parties desire to amend the Agreement, regarding changes as stated below and
10 restate the Agreement in its entirety.
11 NOW, THEREFORE , in consideration of their mutual promises , covenants and conditions ,
12 hereinafter set forth , the sufficiency of which is acknowledged , the parties agree as follows :
13 1. That the existing COUNTY agreement No . 18-696, Paragraph Four (4) -
14 COMPENSATION -in the Agreement on Page Five (5), beginning on Line Three (3) and ending on
15 Page Five (5), Line Nine (9) with the word "period" be deleted and the following inserted in its place :
16 "Monthly invoices shall be submitted in accordance with Section Five (5), INVOICING , of
17 this Agreement. It is understood that all expenses incidental to CONTRACTOR 's performance of
18 services under this Agreement shall be borne by CONTRACTOR. For the period commencing
19 January 1, 2019 through June 30, 2019, in no event shall actual services performed be in excess of
20 Two Hundred Ninety Five Thousand and No/100 Dollars ($295 ,000.00). Should the Agreement be
21 extended as stated in Section 2 , in no event shall actual services performed be in excess of Two
22 Hundred Thousand and No/100 ($200 ,000 .00) for each twelve (12) month period ."
23 2. That the existing COUNTY agreement No. 18-696, Paragraph Sixteen (16) -
24 INSURANCE -be amended starting on Page Sixteen (16), Line Two (2) after the word "basis " by
25 inserting the following :
26 F. Cyber Liability
27 Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim ,
28 $2 ,000 ,000 aggregate . Coverage shall be sufficiently broad to respond to the duties and obligations as is
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undertaken by CONTRACTOR in this agreement and shall include, but not be limited to, claims involving
infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade
dress, invasion of privacy violations, information theft, damage to or destruction of electronic information,
release of private information, alteration of electronic information, extortion and network security. The
policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well
as credit monitoring expenses with limits sufficient to respond to these obligations.”
3. COUNTY and CONTRACTOR agree that this Amendment I is sufficient to amend
Agreement No.18-696, and that upon execution of this Amendment, the Agreement and Amendment I,
together shall be considered the Agreement.
4. The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Agreement and not amended herein shall remain
in full force and effect. This Amendment II shall be retroactively effective January 1, 2019.
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EXECUTED AND EFFECTIVE as of the date first above set forth .
3 CONTRACTOR: COUNTY OF FRESNO
Promesa Beh•:~ral Health
4 ~~~
5 (Authorized Signature) Nathan Magsig , Chair o the Board !17 ! of Supervisors of the County of Fresno 6 M,,HttEL {kg /.!J.A NOU.~L lli_£SID£ J./ .,-
7 Print Name & Title (Chairman of Board, or
President, or · e Pre ident)
1gnature)
&(;f??JeAJ
Print Name
~~ Title (Secretaryoforporation , or Chief
Financial Officerff reasurer, or any
Assistant Secretary or Treasurer)
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Mailing Address ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of Cal ifornia
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By: ~Sib«\~~°"()
Deputy
FOR ACCOUNTING USE ONLY:
ORG No .: 56302081
25 Account No .: 7295
Requisition No .:
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